Irish Court Simplifies Foreign Proceedings

The Irish government has modified the processes for serving parties in nations outside of international jurisdiction and service conventions. In that regard, Statutory Instrument No. 362/20241 (the SI) amends Order 11 of the Rules of the Superior Courts.

Order 11 stipulates that the High Court must provide permission for actions to be served outside of Ireland that are not otherwise covered by established international jurisdiction and service norms. A court application backed up by an affidavit or other relevant documentation is required to achieve this.

The amended Order 11, which went into effect on July 31, 2024, expanded the classifications of actions that the High Court may authorize to be served outside the jurisdiction. Additionally, the SI expands the range of actions currently covered by Order 11, improving Order 11 overall and increasing the capacity to serve a commencing legal document outside of Ireland.

Explanation of acts previously mentioned in Order 11

The kinds of actions in which the Court may permit a summons to be delivered overseas are listed in Rule 1 of Order 11. According to the courts, the affidavit supporting the application must specify the pertinent class of action. With the following significant additions, this covers issues about Irish land, contracts, arbitration, personal property, and equitable reliefs:

• The requirement that the “whole subject matter of the action” be land in Ireland is no longer applicable in land-related proceedings. Any action that “concerns” land in Ireland is now included in this.
• The condition that a contract must meet specific requirements for the type of dispute has been changed to only State that the action must be “one in respect of a contract.”
• Regarding arbitration, simplified language has also been included, stating that the process must be related to either (a) an arbitration that took place within the jurisdiction or (b) relief that was granted within the jurisdiction in connection with an arbitration that took place outside of it.

New types of action

Now, proceedings outside of the jurisdiction may be served using the processes outlined in Order 11:

• To uphold a right of action over Irish-based personal property
• Including the revelation of details about the identity of an offender
• In a probate case involving real or personal property located in the State or the estate of a person who is domiciled or typically resides there
• When fair compensation is sought in legally sanctioned or feasible legal processes within the jurisdiction
• Where the Court is otherwise granted jurisdiction in conformity with widely accepted international law principles

Order 11, Rule 2

Order 11’s Rule 2 has been changed to require the Court to consider international law considerations when deciding whether to permit service outside of its jurisdiction. The Court can now mandate the filing of written legal submissions.

The Court will also assess the applicant’s grounds for establishing a legitimate cause of action. This eliminates the need for the Court to consider the relative merits of the claims and the practicality of holding the proceedings in Ireland rather than the defendant’s residence.

Order 11, Rule 5

According to an amendment to Rule 5 of Order 11, the applicant must identify the specific Rule 1 subheading they rely on to request leave in their supporting affidavit, along with the facts demonstrating the subheading’s applicability. The revisions offer much-needed clarification, even if the Courts had previously demanded this.

Order 11, Rule 10

A defendant might make a conditional appearance to contest the Court’s jurisdiction under the new Rule 10. Previously, this procedure was limited to the Council Regulation (EU) 2019/1111 (Brussels II bis), the Lugano Convention, the Brussels Convention, or the Brussels I Regulation (recast).

Order 12

Order 11 now offers a more straightforward procedure and broader causes of action for serving proceedings outside of Ireland, which is the main takeaway.

In conclusion

Order 11 now offers a more straightforward procedure and broader causes of action for serving proceedings outside of Ireland, which is the main takeaway.

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